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CITY OF SAN BERNARDINO -
REQUEST ,~OR COUNCIL ACTION
File . '. 1. 291
Authorization to Execute Agreement
Subject: for Relocation of Electrical
Facilities at Norton --
SOUTHERN CALIFORNIA EDISON
From: ROGER G. HARDGRAVE
Dept: Public Works
Date: 12-9-94
Synopsis of Previous Council action:
10-04-93 - Resolution No. 93-382 adopted authorizing the Mayor to
execute an application for a grant.
09-06-94 - Resolution No. 94-130 adopted awarding a contract to
the Matich Corporation.
12-05-94 - Approval of Contract Change Orders No. 6 & 7 approved.
.DMH' . "'F.~lCEJ
13 DEe 9<0: 44
Recommended motion:
Adopt resolution.
cc: Bill Bopf, IVDA
Shauna Clark
Jim Penman
a4~
Contact person:
Roqer G. Hardqrave
Staff Report, Agreement
and Resolution
Phone:
5025
Supporting data attached:
Ward:
1
FUNDING REOUIREMENTS:
Amount: $457.000 (Fp<lpr"l EDA Grant & IVDA)
Source: (Acct. No.)
242-362-57291
Acct. Descri tion
Drive - Street Improvements
Council Notes:
75.0262
Agenda Item No.
S -r.2 /
CITY OF SAN BE~RDINO - REQUESTOOR COUNCIL ACTION
STAFF REPORT
Southern California Edison has an aerial transmission
line along Tippecanoe Avenue. Conduit and appurtenant structures
are being installed under our contract with the t1atich
Corporation for street improvements, in order to allow the over-
head lines to be removed.
After the conduit and structures have been completed by
our Contractor and accepted by Edison's Inspector, cabling of
these facilities will be done by Edison personnel. Edison has
provided an estimate of cost for the cabling, in the amount of
$455,968.08. The Economic Development Administration has de-
termined that the cabling cost is eligible for 75% of the
financing cost from the grant. At their meeting of 11-16-94, the
IVDA Board approved funding for the local agency share of 25%.
Edison has prepared the attached Agreement to stipulate
the duties and responsibilities of each party relative to the
cabling work. The proposed Agreement provides, in general, that
Edison will pull cable into the conduit and structures, and
remove their overhead lines and poles. Also that the City will
pay Edison the amount of $455,968.08, and that after final costs
have been determined, Edison will refund the balance, or submit a
bill for the overage.
The cost incurred pursuant to this Agreement will be
charged to Account No. 242-362-57291, and reimbursed from the EDA
grant and IVDA. No City funds will be used to finance the cost
for cabling.
We recommend that the Agreement be approved.
URGENCY CLAUSE:
The existing aerial pole line. is in conflict with the street
improvements being installed under contract. It will be
necessary for the cabling to be installed and energized before
the pole line can be removed. This needs to happen as soon as
possible, in order to avoid delaying the Contractor.
12-9-94
75-0264
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1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREENENT WITH SOUTHERN CALIFORNIA EDISON COMPANY
3 FOR THE UNDERGROUNDING AND RELOCATION OF OVERHEAD LINES ALONG
TIPPECANOE AVENUE, WITHIN FORMER NORTON A.F.B.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The Hayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, an Agreement with Southern California Edison Company for
9 the undergrounding and relocation of overhead lines along
10 Tippecanoe Avenue, within for~er Norton A.F.B.. A copy of said
11 agreement is attached hereto, marked Exhibit "A" and incorporated
12 herein by reference as fully as though set forth at length.
13
SECTION 2.
The agreement shall not take effect until
14 fully signed and executed by both parties. The City shall not be
15 obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authorized.
18 SECTION 3. This resolution is rescinded if the parties
19 to the agreement fail to execute it within ninety (90) days of
20 the passage of this resolution.
21 / / / /
22 / / / /
23 / / / /
24 / / / /
25 / / / /
26 / / / /
27 / / / /
28 / / / /
12-9-94
CALIFORNIA EDISON C011PANY FOR UNDERGROUNDING FACILITIES
ALONG TIPPECANOE AVENUE.
.... ,"'""-I
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1
I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Conunon Council of the City of San
3 Bernardino at a
4 day of
5 Council Members:
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
meeting thereof, held on the
, 1994, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
ABSENT
10 DEVLIN
11
12
13
14
15
16
17
POPE-LUDLAM
MILLER
Rachel Clark;- City Clerk
The foregoing resolution is hereby approved this
, 1994.
day of
18
19
20
21
22
23 By_
Tom t1inor, Mayor
Ci ty of San Bernardino
Approved as to form
and legal content:
Janes F. Penman
City Attorney
24
25
26
27
28
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AGREEMENT FOR RELOCATION
OF ELECTRICAL FACIUTIES
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and entered into this day of
, 1994, by and between the CITY OF SAN BERNARDINO,
hereinafter referred to as .City. and SOUTHERN CALIFORNIA EDISON COMPANY, a
corporation organized and existing under the laws of the State of California, hereinafter
referred to as "Edison."
WITNESSETH
THAT WHEREAS Edison is owner of certain existing overhead distribution,
telecommunication and 33kV transmission lines, and appunenant facilities (hereinafter
referred to collectively as "electrical facilities"); and
WHEREAS "City. requires the relocation and undergroundlng of Edison's
electrical facilities to accommodate their improvements looated within a portion of
Tippecanoe Avenue, from Mill Street nonherly to .C" Street, including various overhead
modifications to aooomodate the underground conversion, in the City of San Bernardino,
County of San Bernardino, State of California, hereinafter referred to as "Project Area"
(This agreement does not include the underground facilities proposed within .C" Street,
6th Street and Del Rosa Avenue); and
WHEREAS "City" desires that only those existing electrical facilities within
the Project Area be relocated and undergrounded, hereinafter referred to as "Relocated
Electrical Facilities."
WHEREAS .City. has agreed to pay all billings for the relocation of electrical
facilities on an "Actual Cost. basis based upon Edison's standard accounting practices and
in accordance with California Public Utilities Commission Rule 208.
Edison is willing to replace and/or relocate said electrical facilities and to
perform said related work on the terms and conditions hereinafter set forth.
NOW, THEREFORE, it is mutually agreed by and between Edison and .City" as
follows:
a) Edison has estimated that the amount necessary to pay the costs
associated with the relocation of electrical facilities will be
$562.358,08. The overhead equivalent credit is $106,390.00.
Therefore, the balance due is $465.968.08.
Edison shall not be liable for any losses incurred by .City. caused by
its delay in submitting payment.
b ) Edison's ability to complete relocation of facilities is contingent
upon Edison being paid the total cost of relocation.
c) Upon receipt of all monies due and any replacement rights, If
necessary, Edison will proceed in a timely manner to perform the
relocation work.
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IT IS ADDITIONALLY AGREED AS FOLLOWS:
1 . RELOCATION OF ELECTRICAL FACIUTIES.
Edison shall relocate and underground said electrical facilities within
the project area in accordance with the schedule herein.
2. WORK TO BE PERFORMED BY EDISON.
a) Edison shall procure and install all materials. except ducts and
substructures. which are to be procured and installed by "City."
Edison shall provide all engineering work related to relocation of said
electrical facilities.
b ) Edison shall inspect and approve all ducts and substructures
procured and installed by "City" prior to "City. deeding these ducts
and substructures 10 Edison. Upon acceptance of faollitles from
"City," Edison will be responsible for all further modifloations
and/or maintenance.
d) Edison shall remove Its overhead electrioal faoilitles after the
underground facilities replacing said overhead facilities have been
installed, energized, and placed into permanent service.
3. WORK TO BE PERFORMED BY .CITY."
a) "Clly," at no cost to Edison. shall provide Edison with new street
Improvement plans for the alignment of proposed Tippecanoe Avenue.
reflecting the looation of all existing and proposed underground
structures and/or laclllties.
b) "City," at no cost to Edison, shall comply with the requirements
of the California Environmental Quality Aot (CEQA) and shall prepare
any and all Environmental Impaot Reports which may be required by
any Agency having jurisdiction by law.
c) "City," at no cost to Edison, shall procure and install all ducts,
4/0 B.C. bare copper groundwire, and Substructures for the
underground system In accordance with the plans and specifications
submitted by Edison to "City" subject to inspection and approval by
Edison.
d) The system Is to remain water Iree lor one year.
e) "City" to pay for cabling 01 the ducts. as per the proposed
approved plans. less the overhead equivalent.
I ) "City" shall notify Edison 48 hours prior to construotion of or
installation 01 the ducts and substructures in order that Edison can
schedule the required inspection 01 these ducts and substructures.
g) "City," at no oost to Edison, shall deed all of the installed duots
and substructures to Edison.
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4. PERMITS. CODES AND STATUTES,
Edison's relocated electrical facilities shall comply with the various
applicable statutes, codes, regulations and ordinances.
5. TERMS OF PAYMENT.
"City" shall pay to Edison the estimated sum of $455.968.08 as its cost to
relocate the electrical facilities and perform related work as provided for in
this agreement. Upon completion of all relocation work by Edison, "City"
shall be presented with linal accounting as determined by Edison's standard
accounting practices and in accordance with CPUC Rule 208 procedures.
Should the sum 01 Edison's costs and expenses exceed the estimated sum paid by
"City" as provided by herein. "City" shall pay to Edison the difference between
said sums. Should the estimated sum paid by "City" to Edison, as provided
herein, exceed the sum of Edison's COSIS and expenses. Edison shall refund to
"City" the difference between said sums.
6. DELAY DUE TO UNCONTROLJ.ABLE FORCES.
Edison and "City' shall not be responsible for any delay in the performance of
its relocation of electrical facilities and related work under this Agreement
resulting from shortage of labor or materials. delivery delays, major
equipment breakdown. load management, strikes, labor disturbances, war.
riot, insurrection, civil disturbance. weather conditions, epidemiC,
quarantine restricllon, sabotage. act of public enemy. earthquake.
governmental rule. regulation or order, including orders or judgments of any
court or Commission (CPUCI, delay in receiving a Certificate of Public
Convenience and Necessity from the CPUC. delay in obtaining necessary rights
of way, act of God or any cause or conditions beyond the control of edison,
7, FACIUTIES TO REMAIN PROPERTY OF EDISON.
Parties hereto do hereby declare it Is their mutual Intenllon that title to and
ownership of said underground structures and substructures. consisting of
pads, vaults. conduits, ducts. boxes, and electrolier bases shall vest in Edison.
"City" does hereby agree, that immediately upon completion of the
underground system described hereinabove and acceptance by Edison. title to
each and every component part thereof shall immediately pass to Edison
without further action upon the part of "City,"
S. JURISDICTION OF PUBUC UTILITIES COMMISSION.
This Agreement shall at all times be subject to such changes or modifications
as the California Public Utilities Commission may. from time to time. direct
in the exercise of Its juriSdiction pursuant to the authority conferred upon it
by law.
9. a-was.
Any changes to this Agreement shall be made by supplement thereto and shall
be executed on behalf of Edison by the Regional Manager. Inland Region, Real
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Properties and Administrative Services Department, or his designee, and on
behalf of "City' by an authorized representative of the "City.'
1 O. TERMINATION.
"City' shall have the right to terminate this Agreement on sixty (60) days
prior written notice to Edison, for whatever reason.
In the event of termination of this Agreement by "City," "City" agrees to pay
Edison within thirty (30) days of demand, for all costs and expenses for
materials, except as hereinafter provided, services, labor, overhead, etc.,
incurred by Edison to and including the date the notice of termination is
received by Edison and all costs and expenses required to effect the
termination Of this Agreement, Including but not limited to all costs and
expenses pertaining to the restoration or removal of utility's electrical
facilities, equipment andlor materials on the property as well liS cancellation
of contracts, purchase orders, eto., between Edison and all parties furnishing
labor, materials and services made prior to the termination of this
Agreement.
At the option of Edison, all materials paid for by 'City" and procured by Edison
to effect said relocation may upon termination of this Agreement either be
used by Edison for other projects or be sold by Edison as salvage. The net
proceeds from the transfer of the materials to other Edison projects or sale of
the materials as salvage shall be deducted from the oosts and expenses to be
paid by "City" after deducting Edison's applicable administrative costs,
material transportation and conversion costs. taxes and other outlays or
charges associated with such a transfer or sale.
II 'City" is In default of any of the terms, provisions, conditions, limitations
and covenants of this Agreement, Edison may give 'City' written notice of
defaull. If within thirty (30) days ot receipt of such notice, 'Clty' does not
cure suoh default, Edison has the right. if it so desires, to terminate this
Agreement upon thirty (30) days prior written notice to "City". Should such
right of termination by Edison be exercised, Edison shall be entitled to
payment for all costs and expenses for materials, except as hereinafter
provided, services, labor, overhead, etc., incurred by Edison to and including
the date of termination and all costs and expenses required to effect the
termination of this Agreement, including but not limited to ell costs and
expenses pertaining to the restoration or removal of Edison's electrical
facilities, equipment and/or materials on the property as well as cancellation
of contracts, purchase orders, etc., between Edison and all parties furnishing
materials and services made prior to the termination of this Agreement.
11. NOTICES.
Any notices provided in this Agreement to be given by either party hereto to
the other shall be deemed to have been duly given when made in writing and
deposited in the United States mall, registered or oertlfled and postage
prepaid, addressed as follows:
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To Edison:
Southern California Edison Company
Regional Manager, Inland Region
Real Properties & Administrative Services Department
430 N. Vineyard Avenue, Suite 210
Ontario, CA 91764.5495
To City of San Bernardino:
City of San Bernardino
Public WorkS/Engineering
300 N. "D" Street
San Bernardino CA 92418-0001
Anention: Steve Enna
1 2. PREVIOUS COMMUNICATIONS.
This Agreement contains the entire Agreement and understanding between
Edison and "City" as to the subject maner 01 this Agreement. and merges and
supersedes all prior agreements, commitments, representations, and
discussions between Edison and "City." Any agreement between persons
employed by Edison and "City" which is not incorporated into thiS Agreement
by an amendment Shall not be a contractual provision 01 this Agreement.
13. GOVERNING LAW.
This Agreement Shall be subject 10 and construed according to the law of the
State of Call1ornia.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above wrmen.
SOUTHERN CAUFORNIA ED!
By r.
A.GR
Regiona anager,
Land Services Division
Real Properties and
Administrative Services
mY
CITY OF SAN BERNARDINO
By
Approved'
OM (12/9/94)
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